Tenants or homeowners have the option to reference their accommodation on short-term booking platforms.
Mandatory steps are to be taken for anyone wishing to make their home available (whether owner or tenant) and certain conditions are to be respected depending on the type of property. In the event of an infraction, the people concerned are exposed to administrative or penal measures and sanctions.
In addition, tenants making housing available on a rental platform must comply with the provisions of the Code of Obligations (lease law).
New rules and mandatory procedures
Since April 1st 2018, the regulation for the application of the law on demolitions, transformations and renovations of residential houses (RDTR) has been modified by the State Council with the aim of regulating the rental of an habitation for stays of short duration in the canton of Geneva (read the press conference of the State Council of March 7th, 2018).
The new regulation sets a maximum of 60 days a year for referencing a housing in its entirety, via a hosting platform. Beyond this duration, the process constitutes a change of assignment (commercial activity), which is prohibited.
Beyond 60 days, when the home is used regularly and continuously to host guests, the activity is considered to be exercised "in a professional capacity". It requires authorization from the Trade and Anti-Black Work Police (PCTN). Individuals may apply for a decision as to whether the activity they plan to carry on is subject to the law. In any case, beyond 60 days, people have the obligation to submit a request to be in conformity with the law (LRDBHD).
People wishing to make available all or part of their accommodation must levy the tourist tax, the latter being as of September 1st, 2020, automatically levied by Airbnb.
Finally, any foreigner hosted for profit must be announced to the police.
Any sublet, even partial, is formally prohibited in housing benefiting of public services (housing LGL, LDTR and LUP) and may result in the termination of the lease with immediate effect (Article 31B LGL).
For any question, thank you to contact the telephone reception of the State at 022 546 60 01.